High Court Punjab-Haryana High Court

Dilraj Singh And Another vs State Of Punjab on 18 August, 2009

Punjab-Haryana High Court
Dilraj Singh And Another vs State Of Punjab on 18 August, 2009
            CRM-M 15017of 2009 (O&M)                               1

In the High Court for the States of Punjab and Haryana at Chandigarh.


             Decided on Aug 18,2009.



 Dilraj Singh and another                 -- Petitioners


                  vs.


State of Punjab                           --Respondent.

CORAM:HON’BLE MR.JUSTICE RAKESH KUMAR JAIN

Present: Mr.Akshay Bhan,Advocate, for the petitioners

Mr.Ranbir Singh Rawat,AAG,Punjab

Mr.G.S.Sandhu,Advocate,for the complainant.

Rakesh Kumar Jain, J:

The petitioners have applied for anticipatory bail in case

registered vide FIR No.37 dated 17.4.2009 under Sections 420,

465,467,468,471 IPC at Police Station, Lambi.

The aforesaid FIR has been registered on the complaint of

District Collector, Muktsar, in which it has been alleged that Navjot Kaur

daughter of Simerjit Kaur daughter of Jamiat Singh @ Kartar Singh has

requested that decision qua mutation No. 2560 of village Khudian Gulab

Singh was announced on 29.2.2009 by Sub Divisional Collector, Malout

in which Simerjit Kaur has been shown as issueless, is an act of fraud on

the part of the accused as the land of Simerjit Kaur has been illegally got

inherited by Bikramajit Singh son of Jamiat Singh, Dilraj Singh son of

Ranjodh Singh son of Jamiat Singh The said pedigree table in which
CRM-M 15017of 2009 (O&M) 2

Simerjit Kaur has been shown issueless, has been verified by Hardeep

Singh Harijan Lambardar.

Learned counsel for the petitioners has argued that Jamiat

Singh had three daughters namely, Gurpal Kaur, Gurjeet Kaur, Simerjit

Kaur and two sons, Bikramjit Singh and Ranjodh Singh. Ranjodh Singh

left behind his widow namely, Basant Kaur and two sons Dilraj Singh and

Sukhraj Singh. During his life time, Jamiat Singh retained 1/3rd share of

joint family property after giving 1/3rd share each to his sons Bikramjit

Singh and Ranjodh Singh. After his death, Jamiat Singh gave 1/3rd share

to his daughter Simerjit Kaur by way of decree and will. The said decree

and will was challenged by sons of said Jamiat Singh, namely Bikramjit

Singh, Dilraj Singh and Sukhraj Singh by way of civil suit which was

decreed, but they lost thereafter up to the Hon’ble Apex Court.

During the pendency of civil litigation, Simerjit Kaur died on

13.10.2006 . On 1.2.2007, mutation of the property of Simerjit Kaur was

sanctioned on the basis of decree and will given by Jamiat Singh but the

said mutation was challenged by way of appeal by Dilraj Singh which was

allowed on 29.2.2008 by Sub Divisional Collector, Malout. In the said

appeal, Navjot Kaur wife of Harvinder Singh was impleaded as a party,

who alleged herself to be the daughter of said Simerjit Kaur. In the

meanwhile, on the basis of the report of Sub Divisional Magistrate, District

Collector, Muktsar, allowed to review mutation No.2560 vide his order

dated 24.3.2009. The said order was challenged by Dilraj Singh (petitioner

No.1) by way of appeal before the learned Commissioner, Ferozepur

Division, Ferozepur. It is further submitted that vide order dated 30.4.2009

(Annexure P-3), the order dated 29.2.2009 by which the order of review
CRM-M 15017of 2009 (O&M) 3

was passed by the Sub Divisional Magistrate-cum District Collector, Muktsar,
was stayed.

Apprehending their arrest in the aforesaid FIR and before

coming to this Court, the petitioners had applied for anticipatory bail before

the learned Addl.Sessions Judge, Muktsar, which was dismissed on

28.4.2009.

Learned counsel for the petitioners has argued that Simerjit

Kaur had left the village somewhere in the year 1985 and had not visited

for once and as such Nambardar of the village has stated in the proceedings

which culminated into order Annexure P-1 that ” he cannot say about

Navjot Kaur as to who she is”. He further submitted that co-accused

namely Sukhraj Singh and Hardip Singh have already been granted

anticipatory bail by this Court in CRM-M 13201 of 2009 on 19.5.2009 by

Hon’ble Mr.Justice Sham Sunder.

On the contrary, learned counsel for the complainant has filed

CRM No.36673 of 2009 in order to place on record a copy of the order

dated 19.5.2009 (Annexure R-1) and copy of order passed by the learned

Commissioner, Ferozepur Division, Ferozepur dated 18.6.2009 (Annexure

R-2). It is further submitted that appeal filed by Dilraj Singh (petitioner

No.1) under Section 13 of the Punjab Land Revenue Act,1887 against the

order dated 24.3.2009 passed by District Collector, Muktsar vide which

permission has been granted to S.D.M, malout for reviewing the pedigree

table prepared in Mutation No. 2560 of village Khudian Gulab Singh,

Tehsil Malout, District Muktsar in which Smt. Simerjit Kaur d/o Sh.

Jamiat Singh alias Kartar Singh had been shown as issueless, has been

dismissed by the learned Commissioner, Ferozepur Division, Ferozepur on
CRM-M 15017of 2009 (O&M) 4

18.6.2009. Therefore, the stay which was granted vide Annexure P-3 does

not survive. It is also submitted that Bikramjit Singh son of Jamiat Singh,

Dilraj Singh and Sukhraj Singh sons of Ranjodh Singh had filed civil suit

against Simerjit Kaur, Gurpal Kaur, Parminder Kaur, Pushpinder Kaur,

Amar Partap Singh as well as Basant Kaur widow of Ranjodh Singh to the

effect that consent decree suffered by Jamiat Singh in favour of Simerjit

Kaur be declared null and void, which was decreed by the trial Court in

favour of Bikramjit Singh, Dilraj Singh and Sukhraj Singh. The said

decision was challenged by Simerjit Kaur by way of appeal No. RT 330

of 23.10.1997/22.11.1995 which was decided on 12.5.2003 in her favour

holding that Simerjit Kaur is the owner in possession of the suit property

since 5.5.1991 when mutation No. 2105 was attested six months earlier to

the death of deceased Jamiat Singh. The said decision was challenged by

Bikramjit Singh etc.in RSA Nos. 3670 and 3671 of 2003 but the same was

dismissed by this Court on 30.4.2006. Further Special Leave Petition

filed by Bikramjit Singh and others was also dismissed by the Apex

Court on 31.10.2006.

I have given my thoughtful consideration to the rival

contentions raised by learned counsel for the parties.

It is worthwhile to mention here that co-accused Hardip Singh

in CRM-M 13201 of 2009 made a statement, at the time of sanction of

mutation, that Simerjit Kaur died issueless and attested the pedigree-table.

Similar is the allegation against petitioner No.1 but there is no such

allegation against petitioner No.2. It is also relevant to mention here that the

learned Commissioner while dismissing the appeal (Annexure R-2) has

observed that ‘this order does not directly affect the persons who were
CRM-M 15017of 2009 (O&M) 5

parties to the order to be reviewed, as the rights of the parties are yet to be

determined by the SDM, Malout’.

This Court at the time of notice of motion and also granting

interim bail has observed that ‘no case for custodial interrogation appears

to have been made out’.

The fact that the petitioners had arrayed Navjot Kaur as a

respondent shows that no concealment was made whereas Navjot Kaur

despite registered notices and munadi did not appear. As the case is

largely based upon documents and no recovery is to be effected coupled

with the fact that petitioner No.2. is an old man of 68 years having been

born on 04.4.1941 and petitioner No.1 has been attributed same allegations

which are attributed to Hardip Singh, who is already on anticipatory bail

granted by this Court, I deem it to be a fit case for grant of anticipatory

bail.

According to the learned counsel for the petitioners, the

petitioners have joined the investigation in terms of the order passed by

this Court on 09.6.2009. This fact is admitted by the learned State Counsel.

In view of the above, order dated 09.6.2009 is made absolute.

The petitioners shall,however, keep on joining the investigation as and

when required and shall abide by the provisions of Sections 438 (2) Cr.P.C.

This petition stands disposed of.

Aug 18,2009                                      (Rakesh Kumar Jain)
RR                                                        Judge